DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited T/A Australian Munitions
(AG2016/4377)

THALES AUSTRALIA LIMITED TRADING AS AUSTRALIAN MUNITIONS BENALLA AND MULWALA ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Thales Australia Limited Trading as Australian Munitions Benalla and Mulwala Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Limited Trading as Australian Munitions Benalla and Mulwala Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thales Australia Limited T/A Australian Munitions. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the National Union of Workers, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Thales Australia Limited, trading as Australian Munitions, and its employees represented by the Defence, Maritime and Aerospace Manufacturing Union of Australia. The company sought approval of the Benalla and Mulwala Enterprise Agreement 2015-2018, which proposed changes to the employees' conditions of employment. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and if it was made in good faith and without coercion.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, specifically if it was made without any element of coercion or undue influence. Additionally, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it complied with the minimum entitlements under the applicable awards and the National Employment Standards.

The Fair Work Commission found that the agreement had been made in good faith and without any coercion. The Commission noted that the bargaining process was transparent and that the employees had been adequately represented. The Commission also determined that the terms of the agreement were fair and reasonable, providing for appropriate protections and benefits for the employees. Furthermore, the agreement was found to comply with the minimum entitlements under the relevant awards and the National Employment Standards. Based on these findings, the Commission approved the Enterprise Agreement.

In approving the agreement, the Fair Work Commission noted the importance of ensuring that all parties involved in the bargaining process were treated fairly and that the outcome was a genuine agreement between the employer and the employees. The Commission emphasised the need for ongoing compliance with the Fair Work Act and the importance of maintaining good faith in the employment relationship.

Thales Australia Limited T/A Australian Munitions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established